HomeMy WebLinkAboutOrdinance 3988 - Add new Huntington Beach Municipal Code Sec R O O F O F (ITY.OF HUNTINGTON
r BEACH
LEGAL NOTICE
PUBLICATION ORDINANC
E NO.39H.
Adopted by the City Council
on SEPTEMBER 16,2013
"AN ORDINANCE OF THE
CITY OF HUNTINGTON I
BEACH AMENDING
STATE OF CALIFORNIA) CHAPTER 1:16 OF THE
HUNTINGTON BEACH
MUNICIPAL CODE .RE-
SS■ LATING TO VIOLATIONS'
OF CONDITIONS OF AP-
COUNTY OF ORANGE ) PROVAL
SYNOPSIS:
TFe existing Huntington
Beach Municipal Code
(HBMC)was unclear re-
garding the City's ability
am a citizen of the United States and a to enforce entitlement
resident of the County of Los Angeles; I conditions of approval
and issue civil or crim-
inal citations for ;non-
am over the age of eighteen years, and compliance.The primary,
focus of Ordinance No:
not a party to or interested in the notice 3988 .was to clarify
these matters in the
published. I am a principal clerk of the 'Municipal Code.
HUNTINGTON BEACH his Ordinance,it now
INDEPENDENT, which was adjudged a clear to
at ithfa all fec -
ditions, requirements
newspaper of general circulation on and standards indicated
as part of.any approved
September 29, 1961, case A6214, and permit is a violation'of '
the Municipal Code.
June 11, 1963, case A24831, for the. It was previously;
thought that this au
City of Huntington Beach, County of thority .was. implicitly
granted by the Munici-'_
Orange, and the State of California. pal Code.However,with;
adoption of this Ordi
Attached to this Affidavit is a true and nance, the HBMC con-
tains the proper provi-
complete copy as was printed and sions that give the City
clear authority to en-
published on the following date(s): force entitlement condi-
tions of approval and
issue civil or criminal''
citations when they are
violated,thereby helping
to 'maintain quality,of
Thursday, September 26, 2013 life in the City in confor-
mance with the General)
Plan.
•-.. PASSED AND ADOPTED
I certify (or declare) under penalty by the City Huntington
n
the City. of Huntington
Beach, at a regular
of perjury that the foregoing is true meeting held.
September 16, 2013 by
and correct. the following roll call
vote:
AYES: Sullivan, Hardy,
Boardman; Carchio,1
Shaw,Katapodis
NOES:Harper
ABSTAIN:None
Executed on October 2, 2013 ABSENT:None -
THE FULL TEXT OF THE
at Los Angeles e California ORDINANCE IS
AVAILABLE IN THE CITY
CLERK'S OFFICE.
This ordinance is
effective 30 days after
adoption.
CITY OF HUNTINGTON
BEACH
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92648
714-536-5227
Signature JOAN L.FLYNN,CITY J
CLERK I
Published H.B. Indepen-
dent 9/26/13 _J
Dept. ID CA 13-010 Page 1 of 1
Meeting Date:9/3/2013
3/3 fl-�°Rdv�� �-o�..lNrRoa�c'no•J
WO
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/3/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Jennifer McGrath, City Attorney
SUBJECT: Approve for Introduction Ordinance No. 3988 adding new Huntington Beach
Municipal Code Section 1.16.090 relating to violations of Conditions of Approval
Statement of Issue: There is a need to clarify the City's authority to issue criminal and civil
citations for violations of conditions of approval associated with permits or other discretionary
,approvals.
Financial Impact: N/A
Recommended Action:
Approve for Introduction Ordinance No. 3988, "An Ordinance of the City of Huntington Beach
Amending Chapter 1.16 of the Huntington Beach Municipal Code Relating to Violations of
Conditions of Approval."
Alternative Action(s): Do not adopt the Ordinance.
Analysis: The existing Huntington Beach Municipal Code (HBMC) is unclear regarding the
City's ability to enforce entitlement conditions of approval and issue civil or criminal citations for
non-compliance. The primary focus of the proposed Ordinance is to clarify.these matters in the
Municipal Code.
With the approval of this Ordinance, it will now be clear that failure to comply with all conditions,
requirements, and standards indicated as part of any approved permit is a violation of the Municipal
Code.
It was previously thought that this authority was implicitly granted by the Municipal Code. However,
with adoption of the proposed Ordinance, the HBMC will contain the proper provisions that give the
City clear authority to enforce entitlement conditions of approval and issue civil or criminal citations
when they are violated,thereby helping to maintain quality of life in the city in conformance with the
General Plan.
Environmental Status: N/A
Strategic Plan Goal: Enhance and maintain public safety.
Attachment(s): 1. Ordinance#3988 Amending Chapter 1.16 (incl. Legislative Draft)
Item 13. - I HB -482-
ATTACHMENT # 1
ORDINANCE NO. 3988
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 1.16 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO VIOLATIONS OF CONDITIONS OF APPROVAL
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 1.16 of the Huntington Beach Municipal Code is hereby amended
by adding new section 1.16.090 entitled "Violation of Conditions of Approval" to read as
follows:
1.16.090 Violation of Conditions of Approval. No person, including a responsible person as
defined in Section 1.18.020 of this Code, shall fail to comply with the terms and conditions of
any permit or approval issued pursuant to this Code or with any other ordinance relating to land
use or development. This section shall apply to any person who knew, or had reason to know, of
the terms and conditions of the permit or approval.
SECTION 2. All other provisions of Chapter 1.16 not amended hereby remain in full
force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of September 52013 .
s
Mayor
ATTEST: INITIATE AND APPROVED:
City Clerk ec o &building and Planning
REV ND APPROVED: JAP:OVED AS TO FORM:
G
ager City Attorney
g! �(2or3
1
13-3630/100352
Ord. No. 3988
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on September 3,2013, and was again read to said City Council at a
Regular meeting thereof held on September 16, 2013, and was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis
NOES: Harper
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
F
Independent on September 26,2013. A
In accordance with the City Charter of said City
Joan L. Flynn; City Clerk Cit3Ulerk and ex-officio C k
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Ordinance No. 3988
LEGISLATIVE DRAFT
Huntington Beach Municipal Code
1.16.010--1.16.065
Chapter 1.16
GENERAL PENALTY--ENFORCEMENT
(588-7/52, 1902-3/74, 1905-3/74, 1935-11/74, 2996-5/89, 3207-10/93, 3567-9/02)
Sections:
1.16.010 Violation--Misdemeanor/Infraction
1.16.020 Continuing violation
1.16.030 Penalty--Misdemeanor
1.16.040 Penalty--Infraction
1.16.045 Prosecutor Discretion
1.16.050 Form of action
1.16.060 Repealed (3567-9/02)
1.16.065 Reimbursement of Costs
1.16.070 Repealed (3567-9/02)
1.16.080 Issuance of Subpenas
1.16.090 Violation of Conditions of Approval
1.16.010 Violation--Misdemeanor/Infraction. Any person who violates or
willfully fails to comply with any provision of this code is guilty of a
misdemeanor or an infraction. (588-7/52, 1902-3/74, 3207-10/93)
1.16.020 Continuing violation. Each person, firm or corporation shall be
deemed guilty of a separate offense for each day or portion thereof during which
any violation of any provision of this code is committed, continued or permitted,
by such person, firm or corporation, and shall be punishable therefor as herein
provided. (588-7/52)
1.16.030 Penalty--Misdemeanor. Any person convicted of a misdemeanor
under the provisions of this code (unless otherwise provided herein) shall be
punishable by imprisonment in the city jail, or in the county jail of Orange
County, not exceeding six (6) months, or by fine not exceeding one thousand
dollars ($1,000), or by both fine and imprisonment. (588-7/52, 1905-3/74, 3567-9/02)
1.16.040 Penalty--Infraction. Any person convicted of an infraction under the
provisions of this code shall be punishable by(1) a fine not exceeding one
hundred dollars($100), for the first offense; (2) a fine not exceeding two hundred
dollars ($200) for the second offense; (3) a fine not exceeding five hundred
($500) for each additional offense within one year, unless otherwise provided
herein. (588-7/52, 1902-3/74, 3567-9/02)
1.16.045 Prosecutor discretion. The City Attorney has discretion to file a
complaint charging any offense in this code as either a misdemeanor or an
infraction. (3207-10/93)
13-3630/100410
1.16.050 Form of action. A violation of this code may be prosecuted by the city
attorney in the name of the people of the state of California, or it may be
redressed by civil action at the option of the council. (588-7/52)
1.16.065 Reimbursement of Costs. In addition to the above penalties the court
may order that the person convicted of a misdemeanor or infraction reimburse the
City for all of its costs of investigation, analyzing and prosecuting the
enforcement action against the person convicted; the court shall fix the amount of
any such reimbursement upon submission of proof of such costs by the City.
(3567-9/02)
1.16.080 Issuance of Subpenas. The City Clerk, Personnel Commission and its
members, City Attorney, and Hearing Officers may issue subpenas requiring
attendance of witnesses or production of books, records, or other documents for
evidence or testimony in any action or proceeding pending before the city and
administer oaths or affirmations in conjunction with such action or proceeding.
Subpenas shall be signed by the issuing officer and may be served as subpenas are
served in civil actions. (2996-5/89)
1.16.090 Violation of Conditions of Approval. No person, including a
responsible person as defined in Section 1.18.020 of this Code, shall fail to
comply with the terms and conditions of any permit or approval issued pursuant
to this Code or with any other ordinance relating to land use or development.
This section shall apply to any person who knew, or had reason to know, of the
terms and conditions of the permit or approval.
13-3630/100410